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IN THE MATTER OF WRIGHT v. GOORD

19 A.D.3d 855 (2005)

797 N.Y.S.2d 167

In the Matter of DEAN WRIGHT, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 16, 2005.

After an envelope purporting to be legal mail was returned as undeliverable to the correctional facility where petitioner was housed, a correction officer opened it and discovered two packets of tobacco and rolling papers inside. As a result, petitioner was charged in a misbehavior report with smuggling and violating facility correspondence procedures. He was found guilty of both charges following a tier III disciplinary hearing and the determination was affirmed on administrative...

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